Excerpt from The Nature and Practice of Real Actions, in Their Writs and Process, Both Original and Judicial Though Real Actions are now much worn out of use for the rocovery of lands, yet the learn. Iing concerning them 'is of no small advantage for the true understanding of the original cause of ma ny points in law that do and may cocur in daily practice at this day. And without some competent knowledge of this nature, it is not possible for any to be well grounded in the true reason of the common law, so as to be able ...
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Excerpt from The Nature and Practice of Real Actions, in Their Writs and Process, Both Original and Judicial Though Real Actions are now much worn out of use for the rocovery of lands, yet the learn. Iing concerning them 'is of no small advantage for the true understanding of the original cause of ma ny points in law that do and may cocur in daily practice at this day. And without some competent knowledge of this nature, it is not possible for any to be well grounded in the true reason of the common law, so as to be able to give sound advice in all cases that may happen, especially relating to titles of land and hereditaments. In the learning of these actions, especially in the learning of pleading therein, consist in the theory and practice. In the practice is comprehended the nature of'the Writ to be sued fbrth, the Process and Proceedings in the se veral actions to judgment. The theory contains the learning of Pleading in the said several actions. That is, how to count, plead in bar, to reply, 8m) And in this lies the marrow and reason of the law. For in such cases a man must understand the na ture of titles to land, by conveyance, descent, dis seisin, discontinuance, abatement, remitter, where entry is lawful, where not lawful. I have in this treatise attempted something both as to the first and to the latter. He that knows well how to pleadwell in real actions, will know the better how to plead in many personal actions, as in actions of trespass and replevin, where the freehold comes in question. By the pleadings in a Quad permittat, Seem ad molendinum, Curia cla udenda, Go. The knowledge of pleading or declaring in actions upon the case for Ways, Markets, Commons, Sac. Suit to the Milne, for Non-inclosure, may be had, and to plead prescriptions in such cases. The like may. Be said of most, or many other real actions. The learning of assises holds out fully the nature of titles of entry, whereby a man may be suficicntly in. Structed how to manage an Ejectione firm, which is now the common action for recovery of lands where the entry is lawful. They are called Real Actions to. Distinguish them from personal actions which are grounded upon con tracts, of men one amongst another, for which damages, or something personal is to be re. Covered, and these follow the person. Real Actions are such as are for the recovery of the freeehold or inheritance of lands or hereditaments, and these are either purely Real or Mixt purely Real are such as are for recovery of land only without damages (for no damages were recoverable by the law 111 any Real Action) Mixt are such, as Where both lands and damages are recoverable by the common law. As assise of hovel. Disseisin, Writs of Entry, Attaint, Ste. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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